Srinivas @ Balu vs State

Budihal R.B., J.—This is the petition filed by the petitioner/accused No. 2 u/s 439 of Cr.P.C. seeking his release on bail for the offences punishable u/s 399, 402, 307, 353 of IPC and u/s 25 of the Indian Arms Act registered in respondent-police station in Crime No. 141/2013.

The brief facts of the prosecution case are that on 27.06.2013 at about 00.30 a.m. when the complainant was patrolling near station road, at that time accused Nos. 1 to 7 found with deadly weapons and they were planning to commit severe nature of offence. Complainant raided and arrested them. The accused No. 1 tried to kill the complainant showing the pistol, which was in his possession. Thereafter, remaining 4 accused persons were arrested and deadly weapons were recovered from them. On the basis of the said complainant, case is registered against the petitioner showing his name as accused No. 2 along with other persons.

Heard the arguments of the learned counsel appearing for the petitioner/accused No. 2 and the learned High Court Government Pleader appearing for the respondent-State. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.

So far as the offence u/s 307 is concerned, it is not the case of prosecution that either the complainant or any witnesses sustained any injuries at the hands of the accused persons. It is alleged that by holding the deadly weapons the accused persons were making an attempt to commit the offence. Now the investigation of the case is already completed and the police have filed the charge sheet. So far as the present petitioner is concerned, the prosecution relies upon the voluntary statement said to have been given by the petitioner and one country pistol said to have been recovered at the instance of the present petitioner, the offences alleged are not exclusively punishable with death or imprisonment for life. It is the contention of the learned High Court Government Pleader that if the petitioner is released on bail, he may tamper the prosecution witnesses and even he may involve himself in the commission of other offences in future also. The learned counsel for the petitioner submitted that the other accused persons are released on bail and he has also produced the order dated 06.01.2014 passed in Crl.P. No. 6619/2013.

I have perused the order passed by this Court. So looking to the materials on record, if reasonable conditions are imposed for admitting the petitioner on bail, it will safeguard the interest of the prosecution. Accordingly, petition is allowed. Respondent''-police are directed to release the petitioner on bail in the event of his arrest for the offences punishable u/s 399, 402, 307, 353 of IPC and Section 25 of the Indian Arms Act registered in respondent-police station Crime No. 141/2013, subject to the following conditions:

i. The petitioner has to execute a personal bond for Rs. 50,000/- and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioner shall not tamper any prosecution witnesses, directly or indirectly.

iii. Petitioner has to appear before the concerned Court regularly.